Imsimbi Training is a fully accredited training provider with the Services Seta, number 2147, as well as a Level 2 Contributor BBBEE company.

COURSE OBJECTIVES

This course gives shop stewards the required skills of successfully defending their members in a disciplinary hearing case. The course focuses on the importance of the Law of Evidence. The course looks at how to gather evidence, how to lead evidence and how to argue your case in opening and closing statements in a workplace disciplinary hearing. It also looks at preparing witnesses’ evidence and cross examination techniques for workplace hearings. These skills are paramount for shop stewards so that they give their members the best defense possible in a disciplinary hearing.

This course will teach shop stewards how to effectively defend their members in a disciplinary hearing. Shop stewards often do not prepare their cases well. They do not gather sufficient evidence and prepare their witnesses well and therefore often lose dismissal cases of their members. Misconduct issues are dealt with from the perspective of relevant case law and the CCMA’s Guidelines.

COURSE OUTLINES

Module 1: Misconduct in the workplace

This module focuses on various instances of misconduct in the workplace and how to handle these effectively. Misconduct issues of absenteeism, intoxication on duty, sexual harassment, poor time keeping, theft, insubordination, damage to company property and many other forms of misconduct are dealt with. Case studies and relevant case law are used as examples.

Module outline

Misconduct in the Labour Relations Act

Understanding various offences of misconduct in the workplace including: absenteeism; being under the influence of alcohol; sexual harassment; theft; damage to company property; insubordination, poor time keeping and many other forms of misconduct

Look at various case studies regarding the various forms of misconduct and how to defend them

We look at various case studies regarding the various forms of misconduct and how to deal with them appropriately

Verbal warnings, written warnings and final written warnings

Hearings need to proceed final written warnings

The company disciplinary code and union consultation

Appropriate sanctions for different offences

Importance of handling each case on its own merits

Arguments for final written warnings rather than dismissal sanctions

Overview of relevant case law

Relevant sections of labour legislation

Codes of good practice

Module 2: Disciplinary Investigations & the Law of Evidence

Module Outline

Investigations and gathering information

Interviewing potential witnesses

Preparing your witnesses statements

Collating your statements and case information in date order

Understanding the principles of the law of evidence

Applying the principles of the law of evidence

Evidence that is admissable and inadmissable

Evaluating the evidence

Types of evidence

Prima facie evidence

Circumstantial evidence

Corroborating evidence

CCTV evidence, sms’s, photographs

Documentary evidence

Loco inspections

Module 3: Presenting your case

Module Outline

Rules of case presentation

Legal terminology

Leading evidence

How to present opening & closing arguments

Preparing the witnesses

Preparing questions for the witnesses

Convincing witnesses not to be intimidated by management

Cross examination techniques

Exposing witnesses weaknesses, contradictions and lies

Exposing management manipulation of documentation

Exposing weaknesses in trumped up charges

Module 4: Procedural Fairness

Module Outline

Procedural fairness to be followed during a hearing

The right to have time to prepare

The right to have access to information

The rights to have interpreters

The right to have copies of minutes of hearings or findings

The right to call witnesses

Mitigating circumstances

The right to have a neutral chairperson

The right to appeal

The right to refer it to the CCMA

Overview of relevant case law

Relevant sections of labour legislation

Codes of good practice

Role Play on actual disciplinary hearing

Representing the accused

Presenting your evidence

Focusing on the details

Highlighting contradictions and inconsistencies

Training methodology

The training course is conducted in a fun participative way, using simulations, role-plays, case studies, videos, workbook activities and plenary discussions. These are used to encourage participation and interaction among delegates.A practical role play of a disciplinary hearing is conducted during the course.
An assignment and POE is submitted on completion of the course to ensure understanding and competence.